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Project Title: |
North Gate Road 19-Lot Subdivision |
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County File(s): |
#CDSD24-09696 |
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Applicant Owner: |
Andy Byde, Calibr Ventures Incorporated COJAM, LLC - Andy Byde |
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Zoning/General Plan: |
Zoning: Single-Family Residential District (R-40) General Plan: Residential Very-Low Density (RVL) and Resource Conservation (RC) |
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Site Address/Location: |
1125 North Gate Road, Walnut Creek, CA 94598 APN: 138-180-002 |
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California Environmental Quality Act (CEQA) Status: |
The project is exempt pursuant Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183 (Projects Consistent with a General Plan) |
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Project Planner: |
Everett Louie, Project Planner (925) 655-2873 Everett.Louie@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
I. PROJECT SUMMARY
The applicant is requesting approval of a vesting tentative map to subdivide an approximate 9.83-acre project site into 19 detached, single-family, lots and two common lots to be used for access. The project also includes a tree permit to allow the removal of 34 trees and work within the dripline of 13 trees and grading to include approximately 34,700 cubic yards of cut and 34,700 cubic yards of fill. The existing single family residence and accessory building will be demolished to allow for development of the site.
The single family lots will range in size from 3,597 to 63,760 square-feet and the common lots include a 41,748 square foot private access designated as Parcel A and a 1,662 square-foot right of way dedication designated as Parcel B. On each new lot, a 4- to 5- bedroom, 2-story, single-family residence ranging in footprint size from approximately 1,215 to 4,595 square feet is expected to be constructed. Of the 19 single-family residential units, the residences on Lots 17-19 will each be restricted for sale to a very low-income household. Accordingly, the project is eligible for a Density Bonus, waivers or reductions in development standards, and incentives and concessions pursuant to the California Density Bonus Law, Gov. Code Section 65915(f)(2).
The project is seeking waivers or reductions of development standards pertaining to: (a) a waiver of the off-street parking requirements to allow four off-street parking spaces within the front setback area of the inclusionary units; (b) reduction of the required minimum lot size for Lots 1-8 and Lots 10-19; (c) reduction of the required minimum side yard and aggregate side yard setback for all lots; (d) reduction of the required minimum front yard setbacks for Lots 17-19; (e) reduction of the required minimum rear yard setback for Lot 19; (f) reduction of the required minimum average lot width for Lots 1-8 and 10-19; (g) reduction of the required minimum lot depth for Lots 17-19; (h) reduction of the required minimum setbacks for retaining walls over 3 feet; (i) a waiver of the development standards of the North Gate Specific Plan for Building Height, Lot Size, Density, Lot Area, and Setbacks.
The project is also seeking concessions to: (a) utilize gross acreage to determine the density of the project site; (b) to allow the affordable units to be smaller in size by more than ten percent when compared to the market rate units; (c) to allow the affordable units to be developed on smaller lots of more than ten percent when compared to the market rate units; (d) to allow the affordable units to have alternative interior finishes that reduce interior construction costs by more than five percent when compared to the market rate units.
II. RECOMMENDATION
The Department of Conservation and Development, Community Development Division (CDD) Staff recommends that the Zoning Administrator:
A. OPEN the public hearing for a 19-lot major subdivision located at 1125 North Gate Road in unincorporated Walnut Creek (County File #CDSD24-09696); RECEIVE testimony; and CLOSE the public hearing.
B. DETERMINE that the project is exempt per Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183 (Projects Consistent with a General Plan).
C. SPECIFY that the Department of Conservation and Development, located at 30 Muir Road, Martinez, CA is the custodian of the documents and other material which constitute the record of proceedings upon which the decision of the Zoning Administrator is based.
D. APPROVE a density bonus (nine additional units), the requested concessions, and the requested waivers or reductions in development standards.
E. APPROVE the vesting tentative map for the project.
F. APPROVE a tree permit to allow removal of 34 code-protected trees and work within the dripline of 13 code-protected trees.
G. APPROVE the attached findings in support of the project.
H. APPROVE the project conditions of approval.
I. RECOMMEND that the Board of Supervisors approve the attached Community Benefits Agreement.
J. DIRECT Staff to file a CEQA Notice of Exemption with the County Clerk.
III. GENERAL INFORMATION
A. General Plan: Residential - Very Low Density (RVL) and Resource Conservation (RC)
B. Zoning: Single-Family Residential District (R-40)
C. California Environmental Quality Act (CEQA): The project is exempt from CEQA pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183 (Projects Consistent with a General Plan) as determined through preparation of a CEQA Section 15183 Initial Study/Consistency Checklist by the County.
Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183 provide a statutory exemption that mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which a Final Environmental Impact Report was certified (in this case, the Contra Costa County 2045 General Plan and Climate Action Plan Environmental Impact Report (State Clearinghouse Number 2023090467)) shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site such that the prior FEIR is not adequate for purposes of the subject proposal. A Consistency Checklist was prepared pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning) to determine whether the proposed project required additional environmental review. The Consistency Checklist found that the project is in conformance with the analysis and conclusions of the prior FEIR and that no further CEQA review or documentation is required pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183. The proposed project is exempt from CEQA, and further environmental analysis of the proposed project is not required because the Consistency Checklist determined that:
• No significant impacts peculiar to the proposed project or its site have been identified. With (1) adherence to applicable 2045 General Plan goals, policies and actions, along with (2) adherence to all other applicable federal, State, regional, and local laws and regulations, (3) incorporation of identified project design features, (4) implementation of all relevant mitigation measures from the prior FEIR, and (5) implementation of other uniformly applied development standards, the proposed project’s impacts would be consistent with the impact conclusions set forth in the prior FEIR.
• There are no potentially significant impacts that were not analyzed as significant in the certified prior FEIR.
• There are no potentially significant off-site and/or cumulative impacts that were not discussed by the certified prior FEIR.
• None of the previously identified significant effects in the certified prior FEIR have been determined to have a more severe adverse impact as a result of substantial new information which was not known at the time of the prior FEIR was certified.
D. Previous Applications:
1. CDRZ07-03195: A rezone application to rezone the project parcel from A-2 to R-40 was approved by the Board of Supervisors on November 15, 2011.
2. CDSD07-09167: A major subdivision to create seven single-family lots with a designated remainder was approved by the Board of Supervisors on November 15, 2011. An extension request for this subdivision was approved by the Planning Commission on December 11, 2019. This extension request expired on November 15, 2022.
3. CDPR06-00004: A Pre-Application review to subdivide an existing parcel into eight single-family parcels and to rezone the site from A-2 to R-40.
IV. SITE/AREA DESCRIPTION
The project site is located at 1125 North Gate Road. It is located on an approximately 9.83-acre parcel in the North Gate area of unincorporated Contra Costa County, directly south of the City of Walnut Creek jurisdiction. The project site is mostly undeveloped with a single-family residential unit and an accessory structure on the southeast corner. Access to the project site is provided from North Gate Road by an unpaved roadway. The project site has a relatively flat with a maximum elevation of approximately 313 feet above mean sea level (amsl) from the southeastern portion of the project site sloping downward to the north toward Walker Canyon Creek with an elevation of approximately 250 feet amsl. The project site has been historically used for agriculture purposes with orchards present from at least 1939 to 1981. The project site includes existing vegetation, including Non-Native Grassland with native and herbaceous species intermixed. Other vegetation types on the project site include Coast Live Oak Woodland and Forest to the north within an approximately 0.73-acre riparian woodland along Walker Canyon Creek that traverses in an east to west direction, Planted Woodland comprised of remnant orchard species, and Developed/Ruderal habitat around the southern portion of the project site
The project site is directly adjacent to a mixture of low-density residential areas and undeveloped areas consisting of open space. Immediately north of the project site is Walker Canyon Creek, with single-family residences, Shadowbrook Winery, Arbolado Park and Boundary Oaks Golf Course north of the creek. The project site is adjacent to single-family residences to the east. Further east of the project site there are agricultural uses comprised of viticulture, equestrian, and grazing uses, including Bright Future Farms and Bryerly Farms. Multiple open space and recreational parks are located southwest of the project site, including Shell Ridge Open Space maintained by the Walnut Creek Open Space Division, and Castle Rock Recreational Area and Diablo Foothills Regional Park maintained by the East Bay Regional Park District (EBRPD). Arroyo Cerro Del and the Pine Creek Detention Basin, managed by the Contra Costa County Flood Control and Water Conservation District (CFD), are located west of the project site on undeveloped land. A primarily residential area of the City of Walnut Creek exists approximately 1,000 feet further west from the project site. The project site is also adjacent to undeveloped land to the south. In addition, the North Gate entrance to Mt. Diablo State Park is located approximately 0.3-mile south of the project site on North Gate Road.
V. PROJECT DESCRIPTION
The applicant is requesting approval of a vesting tentative map to subdivide an approximate 9.83-acre project site into 19 detached, single-family, lots and two common lots to be used for access. The homes on Lot 17-19 would be restricted for-sale to very low-income households, therefore the project is eligible for a Density Bonus, waivers or reductions in development standards, incentives and concessions under California Density Bonus Law, Gov. Code Section 65915. Along the western boundary of the project site on lots 2-9, a 40-foot-wide proposed restrictive no development zone is proposed to be established to prevent structures from being placed along the western boundary within that 40-foot area. The project also includes a tree permit to allow the removal of 34 trees and work within the dripline of 13 trees and grading to include approximately 34,700 cubic yards of cut and 34,700 cubic yards of fill. The existing single-family residence and accessory building will be demolished to allow for development of the site.
Density Bonus Request
Pursuant to the State Density Bonus Law (Government Code, Section 65915), the applicant requests a density bonus and proposes to restrict three lots (Lot 17-19) for affordable housing and to make those lots available for sale to very low-income households.
• Project Site: 9.83 gross acreage (Applicant has requested a concession to utilize gross acreage to determine density for the project site)
• General Plan: Residential Very-Low Density (RVL) designation allows ≤1 units per acre
• Base Density: 9.83 gross acres * .99 units per acre = 9.73 which rounds to 10 units for density bonus.
• Percent of units made available for sale to very low-income households: 3 units / 10 units = 30% on site very low-income units
Two of the base units available for sale to very low-income households would allow the project to qualify for a 50% density bonus.
• Pursuant to Government Code 65915(f)(2), the development is entitled to a density bonus of 50 percent. Density Bonus Calculation: (10 units) * (0.50) = 5 units; 10 units + 5 units = 15 units
Pursuant to Government Code 65915(v), if the applicant provides the required very low-income units, the applicant can receive an additional density bonus. This additional bonus is calculated based on a percentage of the project’s base density. The applicant complies with Government Code 65915(v) by proposing to provide one additional very low-income unit (three total very low-income units) which qualifies for an additional bonus of 38.75%. To calculate the additional density bonus units, (10 units) * 0.3875 = 3.87 units, fractional unit rounded to 4 additional density bonus units.
• Therefore, the density bonus calculation for the development is as follows:
o 10 total base units x 50% density bonus = 5 units;
o 10 total base units x 38.75% additional density bonus = 3.87 or 4 unis;
o 10 total base units + 5 density bonus units + 4 additional density bonus units = 19 total units.
• The 19 total units is only allowed because the applicant is proposing three very low-income units.
Pursuant to Government Code 65915(d)(2)(F) and 65915(e), the project is seeking waivers or reductions of development standards pertaining to: (a) a waiver of the off-street parking requirements to allow four off-street parking spaces within the front setback area of the inclusionary units; (b) reduction of the required minimum lot size for Lots 1-8 and Lots 10-19; (c) reduction of the required minimum side yard and aggregate side yard setback for all lots; (d) reduction of the required minimum front yard setbacks for Lots 17-19; (e) reduction of the required minimum rear yard setback for Lot 19; (f) reduction of the required minimum average lot width for Lots 1-8 and 10-19; (g) reduction of the required minimum lot depth for Lots 17-19; (h) reduction of the required minimum setbacks for retaining walls over 3 feet; (i) a waiver of the development standards of the North Gate Specific Plan for Building Height, Lot Size, Density, Lot Area, and Setbacks.
The project is also seeking concessions to: (a) utilize gross acreage to determine the density of the project site; (b) to allow the affordable units to be smaller in size by more than ten percent when compared to the market rate units; (c) to allow the affordable units to be developed on smaller lots of more than ten percent when compared to the market rate units; (d) to allow the affordable units to have alternative interior finishes that reduce interior construction costs by more than five percent when compared to the market rate units.
The project is seeking these reductions and waivers because application of the required standard would physically preclude the proposed development of the project at the proposed density with the proposed three very low-income units and with the requested concessions.
VI. AGENCY COMMENTS
A. Contra Costa Environmental Health (CCEH): On September 3, 2024, CCEH provided a letter stating that the project shall demonstrate adequate on site sanitary and wastewater disposal system and recommends the applicant obtain all applicable health permits as necessary.
B. Central Contra Costa Sanitary District: In a letter dated August 28, 2024, the sanitary district provided comments that the project would not be expected to produce an unmanageable added capacity demand on the existing wastewater system and that the applicant should contact the sanitary district.
C. Contra Costa County Fire Protection District (CCCFPD): In a letter dated August 30, 2024, CCCFPD requested that the applicant contact the fire district and submit construction plans for their review and approval.
D. Contra Costa County Public Works Department: In a letter dated July 27, 2026, the Public Works Department provided their conditions of approval for the project including frontage improvements and other miscellaneous improvements in addition to drainage improvements.
E. County Geologist: In a letter dated August 30, 2024, the County Geologist requested that the applicant provide an updated geotechnical and engineering geologic report for review. Subsequent to receiving this report, on March 21, 2025, the County Geologist determined that the report prepared by Engeo is compliant with the standards of the Seismic Hazard Mapping Act and with the provisions of the Alquist-Priolo Earthquake Fault Zoning Act. The County Geologist also provided recommended conditions of approval which are included in Attachment A - Findings and Conditions of Approval.
F. Contra Costa County Flood Control & Water Conservation District: In an email dated September 3, 2024, the Flood Control District provided comments related to development near the Flood Control District owned property. The Flood Control District requested that the applicant submit construction documents for their review and approval.
G. Conservation and Development, Housing Division: The Housing Division reviewed the Inclusionary Housing Proposal for the project and determined that the proposal complies with the Inclusionary Housing Ordinance. On June 17, 2026, the Housing Division provided project conditions of approval which are included in Attachment A - Findings and Conditions of Approval.
H. Northwest Information Center (NWIC): In a letter dated September 3, 2024, the NWIC recommended that the applicant conduct field studies to determine if the site has any unrecorded archaeological resources. In response to this a Phase 1 Cultural Resources Assessment was prepared for the site.
I. Save Mount Diablo (SMD): In a letter dated October 11, 2024, SMD recommended that the project buffer the open space and creek from the impacts of the project and to include a planting plan. The applicant has addressed these recommendations including meeting the creek structure setback and providing a 40-foot-wide deed restrictive no development zone along the western boundary which will be utilized as stated in the a preliminary landscaping plan to be planted with native oak trees for screening.
J. Conservation and Development, Solid Waste Section: In a returned agency comment request form dated September 3, 2024, Solid Waste staff provided comments that the all properties shall provide adequate storage for waste collection and that the applicant should contact Republic Services for waste collection services.
K. Conservation and Development, Transportation Planning Section: In a letter dated August 28, 2024, Transportation Planning staff determined that the project will not require a Vehicle Miles Traveled or a Level of Service review and that pedestrian infrastructure be installed on both sides and electric vehicle charging infrastructure should be installed in each residential unit. Transportation Planning staff also determined that the project is subject to the County’s Transportation Demand Management Ordinance.
L. Agency comment request forms were also sent to Contra Costa Water District, City of Walnut Creek, Contra Costa County Mosquito & Vector Control District, and Mt. Diablo Unified School District. However, at the time of publication of this Staff Report, County Staff has not received any comments.
VII. STAFF ANALYSIS
A. General Plan Consistency: The General Plan land use designation for the project site is Residential Very-Low Density (RVL) and Resource Conservation (RC). While the project parcel has two General Plan land use designations, all residential development will be located within the RVL General Plan land use designation. An approximately 0.73-acre riparian woodland area at the most northern portion of the parcel contains Walker Canyon Creek which is designated as RC. Therefore, the project is subject to the RVL General Plan designation. The primary land uses permitted in this designation include detached single-family units. As the project will result in single-family residential development, the project is consistent with the allowed uses of this general plan designation. The RVL designation allows ≤1 units per net acre while the RC does not have a density range and the acreage would be subtracted from the calculation. This would ordinarily result in a maximum density of 8 units for the site (9.83 Gross - 0.73 (RVL) = 9.1 acres. 20% of 9.1= 7.28 acres x 1=8 (rounded up). However, as described in the density bonus request under the “density bonus request section V”, the applicant has requested a density bonus concession to utilize the entire parcel (gross acreage) in the base density calculation. Combined with the density bonus required under the State Density Bonus Law, this results in a base density of 10 units (9.83 gross acres x 0.99 = 9.73, density bonus rounds up). Due to the proposal of three very low-income units, the project is also subject to an additional density bonus pursuant to Assembly Bill 1287. This results in a maximum density of 19 units on the site. Therefore, due to the State Density Bonus Law, a 19-lot subdivision is consistent with the allowed density for the RVL General Plan designation.
Government Code Sections 65915(j)(1) and 65915(C)(5) state that either granting a density bonus, concession, incentive, or waiver, “Shall not require or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, study, or other discretionary approval.” Accordingly, the applicant’s proposed development does not require a General Plan Amendment to accommodate the additional proposed density.
The project is also subject to specific Policies within the General Plan as listed below:
LU-P4.4: Require site and building reconfigurations, setback increases, landscaping enhancements, screening, or other design solutions wherever necessary to minimize potential conflicts between uses.
Staff Response: The project proposes a 40-foot setback along the western boundary of the project site along lots 2-9 which would be a deed restricted no development area to prevent any structures from being located adjacent to the open space area to the west. This 40-foot deed restricted area would be landscaped with lots of indigenous tree species to provide screening and enhance the existing landscape.
LU-P7.1: Provide housing opportunities for all economic segments of the population, ensuring that affordable housing is distributed throughout the county and is not concentrated in traditionally lower-income areas.
Staff Response: According to the United States Census 2020-2024, the median value of a house in the Walnut Creek area is $1,057,300 while the average median value of a house in other parts of Contra Costa County is $866,800. The North Gate area is traditionally a higher income area within Contra Costa County. The project proposes three affordable housing (very-low income) units which would provide more housing opportunities for all economic segments of the population. The project would build affordable housing in an area of the county that has very few affordable options and would therefore be consistent with the policy of distributing affordable housing throughout the County and not concentrating such opportunities in traditionally lower-income areas.
LU-P7.4: Protect residential neighborhoods from incompatible uses and activities that adversely affect public health and safety.
Staff Response: The project proposes 19 residential units. The project will not introduce any non-residential uses and will remain compatible with the North Gate area.
LU-P7.5: Require new residential development to be planned, designed, and constructed in a way that promotes health, minimizes hazard exposure for future residents, and mitigates potential adverse effects on natural resources and the environment.
Staff Response: The project was reviewed under the CEQA Guidelines Section 15183 Exemption and Consistency Checklist and is exempt per CEQA 21083.3. The checklist determined that the project has no potentially significant off-site and on-site impacts and that proposed project would result in less than significant impacts with adherence to the specified implementation measures pursuant to General Plan policies, standard best management practices and other applicable requirements and standards. As such, the proposed project would not have an adverse effect on residents and the environment.
HE-2: Increase the supply of housing with a priority on the development of affordable housing, including housing affordable to extremely low-income households.
Staff Response: As reflected in the General Plan Housing Element Table 6-37 - Regional Housing Needs Allocation (RHNA), unincorporated Contra Costa County has been assigned by the Association of Bay Area Governments 7,610 total units during the state’s sixth housing element cycle over the 2023-2031 RHNA period. Of these, 2,072 of the housing units will need to be very low-income units to provide housing for very low-income households. The project proposes 16 market rate units and three very-low income units which may be counted towards this provision of the housing element.
HE-P2.3: Increase the supply of affordable housing and mixed income housing through the Inclusionary Housing Ordinance.
Staff Response: The project proposes to construct three very-low-income units and 16 above moderate units, an action that will satisfy compliance with the Inclusionary Housing Ordinance. Therefore, the project is in compliance with this Housing Element policy.
HE-P8.1: Participate in State and Bay Area regional efforts to reduce energy consumption.
Staff Response: The project is required to comply with the County’s electric vehicle (EV) ordinance which requires EV charging infrastructure in each residential unit. The project will require each new house to install EV charging infrastructure which consists of a dedicated 208/240-volt branch circuit within the garage. This will help future residents to install their own EV chargers which can promote reduction of energy consumption. Additionally, the California’s Building Code Title 24 Building Energy Efficiency Standards section 150.1(c)14 requires that all newly constructed single-family residences have solar photovoltaic system installed. Therefore, the project has components that will help reduce energy consumption.
COS-P1.3: Discourage conversion of land designated Resource Conservation or Parks and Recreation to urban uses.
Staff Response: The parcel contains Walker Canyon Creek which runs through the northern tip of the parcel. The creek has a General Plan designation of Resource Conservation. This portion of the parcel will not be developed or converted to urban uses.
PFS-P3.2: Require new development to pay its fair share of public improvement costs for infrastructure, facilities, maintenance, and services based on the proportionate cost of serving the project
Staff Response: The project is conditioned to pay childcare fees andpark fees for each residential lot, and will be required to form a police services district for the lots within the subdivision. The project also includes a proposed Community Benefit Agreement that would provide the County with funds that could be used for facilities and services to benefit the community.
PFS-P4.6: Require new development to demonstrate the availability of a safe, sanitary, and environmentally sound wastewater treatment system with adequate capacity.
Staff Response: The project was reviewed by Central Contra Costa Sanitary District and in a letter dated August 28, 2024, the Sanitary District determined that the project would not be expected to produce an unmanageable added capacity demand on the wastewater system.
HS-P7.1: Deny entitlements for projects creating additional residential units (i.e., units not allowed by-right) in Very High Fire Hazard Severity Zones in the Local Responsibility Area (LRA) or the State Responsibility Area (SRA). Discourage such projects in High Fire Hazard Severity Zones in the SRA and discourage
them in the LRA unless adequate fire protection services are provided.
Staff Response: The parcel is not located in a Very High Fire Hazard Severity Zone. However, the parcel is located within a Locally Adopted High Fire Hazard Severity Zone (LRA) zone. The project was initially reviewed by the Contra Costa County Fire Protection District who provided comments related to compliance with applicable local and County Ordinances. Pursuant to the California Fire Code, California Building Code and California Residential Code, the project will be developed with emergency apparatus access roadways, an adequate and reliable water supply for fire protection, will be required to provide 3 fire hydrants and each home is required to be protected with an automatic fire sprinkler system. Compliance with all requirements of the Fire District will allow the project to have adequate fire protection services. Additionally, the project is required to obtain Fire District approval prior to the construction of the residences to ensure that adequate fire protection services are provided.
HS-P7.4: Require subdivisions in the High Fire Hazard Severity Zone in the Local Responsibility Area (LRA) or State Responsibility Area (SRAR) and projects requiring a land use permit in the High or Very High Fire Hazard Severity Zone in the LRA or SRA, as shown in Figure HS-10, to complete a site-specific fire protection plan. Work with the appropriate fire protection district to review and revise the fire protection plans. The fire protection plan shall include measures for fire-resistant construction materials and modifying fuel loading, as well as a plan to maintain that protection over time.
Staff Response: As mentioned in HS-P7.1, the project is required to submit improvement plans to the fire district for their review and approval prior to the construction of the residences. Submitting their improvement plan to the fire district will allow the project to comply with the requirement of a fire protection plan.
HS-P11.1: For projects in Alquist-Priolo Earthquake Fault Zones or Seismic Hazard Zones (areas considered to be at risk of earthquake triggered liquefaction or landslide displacement) delineated by the California Geological Survey, as well as any other areas of steep slopes or areas of suspected ground failure known to the County, require submittal of appropriately detailed engineering geologic or geotechnical investigations.
Staff Response: The project site is bisected by the western boundary of the Alquist-Priolo Earthquake Fault Zone (EFZ) delineated by the California Geological Surve (CGS). That zone is delineated by a potential active trace of the Concord fault. The portion of the project site that is within the EFZ includes the proposed access road and North Gate Road. Additionally, the rear yard areas of proposed lots 17, 18 and 19 along with the easternmost portion of Lot 16 are within the official Seismic Hazard Zone (SHZ) and is located within an area deemed to be potentially at-risk of earthquakes induced liquefaction. A geotechnical report prepared by ENGEO was submitted as part of this application that provided recommendations for the design and construction of the residential development. The ENGEO report was reviewed by the County Geologist and was determined to be compliant with the standards of the Seismic Hazard Mapping Act and with the provisions of the Alquist-Priolo Earthquake Fault Zoning Act.
GM-P3.6: Provide housing opportunities for all income levels by implementing the programs contained in the Housing Element.
Staff Response: The project provides three very-low income residential units. This will increase housing opportunities for residents at this income level.
The project is consistent with the County General Plan policies listed in the General Plan Elements as shown above.
B. Consistency with Zoning: The Zoning District for the project site is Single-Family Residential (R-40). The R-40 Zoning District allows for detached single-family dwellings and accessory structures and uses normally auxiliary to single-family development. The project as proposed is to subdivide the property into 19 residential lots which will be developed with single-family homes and uses auxiliary. Therefore, the proposed project is a use consistent with the R-40 Zoning District. The applicant is requesting waivers or reductions to the R-40 development standards with respect to minimum lot size, lot width, and setbacks for the proposed residences, and the location of the required off-street parking spaces for lots 17-19, in order to comply with the R-40 development standards. A request for waivers or reductions of these development standards is allowed under the State Density Bonus Law. The applicant has requested waivers or reductions of development standards pertaining to:
a) Waiver to allow four off-street parking spaces within the front setback area of the three inclusionary units;
b) A reduction to the minimum lot size for Lots 1-8 and 10-19;
c) A reduction in the minimum side yard and aggregate side yard setbacks for development on all lots;
d) A reduction in the minimum front yard setback for Lots 17-19;
e) A reduction in the minimum rear yard setback for Lot 19;
f) A reduction in the minimum lot average width for Lots 1-8 and 10-19;
g) A reduction in the minimum lot depth for Los 17-19;
h) A reduction to the accessory structure setbacks for the development of retaining walls over 3 feet on all Lots.
The proposed lot sizes, average lot width, depth, and setbacks, are shown in the following table. The applicant is also requesting 0-foot accessory structure setbacks for the development of retaining walls taller than 3 feet on all lots, or where necessary. The applicant is seeking these reductions and waivers because application of the R-40 development standards would physically preclude the development of the project at the permitted density with the proposed three very-low-income unit. With the requested waivers and reductions, the project would be considered consistent with the R-40 single-family residential zoning district.
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Lot # |
Lot Area (Gross) (40,000 sq ft min) |
Depth (140 ft min) |
Average Width (140 ft min) |
Front Yard (25 ft min) |
Side Yard (20 ft, 40 ft agg min) |
Rear Yard (15 ft min) |
|
1 |
25,240 |
191 |
101 |
25 ft |
5 ft (15 ft agg) |
N/A |
|
2 |
25,564 |
315 |
79 |
25 ft |
5 ft (15 ft agg) |
15 ft |
|
3 |
21,651 |
295 |
69 |
25 ft |
5 ft (15 ft agg) |
15 ft |
|
4 |
18,861 |
270 |
65 |
25 ft |
5 ft (15 ft agg) |
15 ft |
|
5 |
17,516 |
250 |
65 |
25 ft |
5 ft (15 ft agg) |
15 ft |
|
6 |
15,326 |
230 |
61 |
25 ft |
5 ft (15 ft agg) |
15 ft |
|
7 |
13,918 |
212 |
57 |
25 ft |
5 ft (15 ft agg) |
15 ft |
|
8 |
20,103 |
208 |
93 |
25 ft |
5 ft (15 ft agg) |
15 ft |
|
9 |
63,760 |
418 |
150 |
25 ft |
5 ft (15 ft agg) |
15 ft |
|
10 |
30,851 |
272 |
106 |
25 ft |
5 ft (15 ft agg) |
15 ft |
|
11 |
15,491 |
207 |
58 |
25 ft |
5 ft (15 ft agg) |
15 ft |
|
12 |
17,825 |
216 |
74 |
25 ft |
5 ft (15 ft agg) |
15 ft |
|
13 |
18,196 |
224 |
73 |
25 ft |
5 ft (15 ft agg) |
15 ft |
|
14 |
22,733 |
230 |
89 |
25 ft |
5 ft (15 ft agg) |
15 ft |
|
15 |
19,615 |
213 |
78 |
25 ft |
5 ft (15 ft agg) |
15 ft |
|
16 |
20,812 |
250 |
78 |
25 ft |
5 ft (15 ft agg) |
15 ft |
|
17* |
8,999 |
85 |
95 |
13 ft |
5 ft (50 ft agg) |
15 ft |
|
18* |
3,597 |
75 |
35 |
13 ft |
5 ft (10 ft agg) |
15 ft |
|
19* |
4,603 |
62 |
46 |
13 ft |
5 ft (18 ft agg) |
14 ft |
|
Notes: * Designated as affordable unit |
The applicant has provided draft architectural elevations for four proposed plan types for the 19 units. All four plans will not exceed the height requirement of 35 feet and two and one-half stories, which is the R-40 Zoning District requirement. The plan heights are below:
|
Plan 1 |
Proposed Max 25’-4” and two stories |
|
Plan 2 |
Proposed Max 30’-5” and two stories |
|
Plan 3 |
Proposed Max 33’-2” and two stories |
|
Plan 4 |
Proposed Max 30’-1“ and two stories |
C. North Gate Specific Plan (NGSP): The parcel is located within the North Gate Specific Plan. Pursuant to the Specific Plan, the subject parcel is designated as Single-Family Residential Very Low. Permitted land uses within the Specific Plan are single-family dwellings, accessory structures and auxiliary uses. Therefore, the proposed project is consistent within the North Gate Specific Plan. The North Gate Specific Plan also contains goals and policies. The below policies are relevant to the proposed project:
NGSP Land Use Goal: Maintain and enhance the existing semi-rural character of the North Gate Specific Plan area as a transition from the suburban residential development to the north and west, to the agricultural and open space lands to the south and east.
Staff Response: The proposed project will create 19 residential lots that will be developed with single-family residences which is a compatible use. Additionally, the project proposes a preliminary planting plan that includes a preliminary landscape plan which proposes to plant a significant number of native oak trees all along the western boundary which will provide a visual screen for the project. The proposed project adheres to the 50-foot creek structure setback and will not develop within Walker Canyon Creek to the north and will not develop along the open space land to the west.
NGSP Open Space and Conservation Goal: Protect natural features such as heritage quality trees, creeks, knolls, ridgelines and rock outcroppings.
Staff Response: The proposed project adheres to the 50-foot creek structure setback and will not develop within Walker Canyon Creek to the north. Additionally, the project will retain 18 trees (work within the dripline of 13) and will replant approximately 100 new trees as shown on their preliminary landscape plan. Additionally, conditions of approval are included to require the applicant to replant 34, 15-gallon trees as restitution for the trees to be removed.
NGSP Public Services and Facilities: To ensure an adequate level of public service to the area.
Staff Response: The proposed project is serviced by the Contra Costa Water District and the Central Contra Costa Sanitary District. In the review process, the Sanitary District provided a comment letter stating that the project “would not be expected to produce an unmanageable added capacity demand on the wastewater system.” Moreover, prior to any development, the project proponent will need to contact both the water and sanitary district for their review of the plans.
The North Gate Specific Plan also contains development regulations for development. The project is consistent with the home design regulation in that the project proposes homes that will blend in with the rural character including using stone veneer for the base of the building and using earth tone colors including tan, gray, oak, and brown tones. The project also complies with the rear and side yard fencing requirement of open view fencing by providing open view fencing types including a wood fence, corral fence and open view wire mesh fence. Lastly, the project complies with the creek setback requirement of at least 50 feet minimum. All proposed residences will be located at least 50 feet from Walker Canyon Creek.
However, there are some Specific Plan development regulations that the proposed project would not be consistent with. These development regulations are; a) Minimum lot size of 40,000; b) Density of 0-0.67 du/net acre; c) Maximum building height of 25 feet; d) Minimum front yard setback of 40 feet. The applicant has requested waivers or reductions of these development standards as allowed under the State Density Bonus law.
D. Off-Street Parking: Pursuant to 84-4.1202 - Off-street parking requirements, the project is required to provide two off-street automobile parking spaces on the same lot and entirely outside the setback area. The applicant has provided preliminary architectural drawings and provided a parking plan which shows that Lots 1 - 16 will be served by a minimum two car garage. Lots 17-19 will each be serviced by a one car garage. Lots 17 and 18 will have one additional parking space while Lot 19 will have two additional parking spaces. All four parking spaces for Lots 17-19 will be within the front setback of each lot and are dimensioned 9’x19’ which complies with the dimension requirements for off-street parking. As mentioned above, the applicant is requesting a waiver to allow four parking spaces for Lots 17-19 to be located within the front setback. With the requested waiver, the project would be considered consistent with the off-street parking requirement.
E. County Tree Protection and Preservation Ordinance: The County Tree Ordinance provides for the protection of certain trees by regulating tree removal while allowing for reasonable development of private property. The project Arborist Report, prepared by certified arborist Darya Barar ISA Certified Arborist No. WE-6757A, is dated July 2024. The arborist report provided an inventory of all trees on site that would be impacted by the proposed project. A total number of 52 trees were surveyed, numbered, tagged, identified, measured and evaluated (Tree tag 1001 through 1052). The arborist documented the following trees: 1 Deodar Cedar; 9 California Black Walnut; 2 Paradox Walnut; 19 Coast Live Oak; 8 Valley Oak; 3 California Pepper; 8 Coast Redwood; 1 Chinese Elm. Pursuant to the tree removal & demolition plans dated November 27, 2024, provided in the application submittal, (Sheet 4 of the project plans), the applicant proposes to remove 34 code-protected trees while approximately 18 would be preserved. Of the 18 trees to be preserved, 13 of the trees to be preserved will be impacted by construction activities which necessitate a tree permit to allow for work within the dripline of the 13 trees. The project proposes to retain tree tags 1001, 1004-1010, 1034-1043.
Tree removal and work within the dripline is due to the development of the proposed project. The arborist report indicated that reasonable development of the lot required the removal and work within the dripline of the trees on site and that of the 52 trees, 11 are recommended to be preserved. The applicant is proposing to preserve 18 trees, 7 more than what the arborist is recommending be preserved. The applicant also submitted a preliminary landscaping plan L1 which proposes the planting of approximately 100 new trees consisting of a variety of Japanese Maple, Eastern Redbud, Crape Myrtle, Maidenhair Tree, Fruitless Olive, Western Redbud, Chinese Pistache, California Sycamore, Brisbane Box, Coast Live Oak and Valley Oaks. Pursuant to the Chapter 816-6 - Tree Protection and Preservation, conditions of approval require the applicant to replant at least 34, minimum 15-gallon in size, or an equivalent and sufficient number/size of trees and to submit two tree bonds. One bond covers the replanting of the 34 trees and one bond covers any damages that may occur to the 13 trees to be preserved. This is consistent with the Contra Costa County Tree Protection and Preservation Ordinance implementation and practice.
F. Inclusionary Housing Ordinance: The project is subject to the County’s Inclusionary Housing Ordinance (Chapter 822-4). Pursuant to the Ordinance, a residential development of five or more for-sale units shall require at least 15 percent of the for-sale units to be developed and sold as affordable units (a fee may be paid in lieu of constructing the units). At least twenty percent of the inclusionary units shall be sold at an affordable price to lower-income households. The remaining inclusionary units shall be sold at an affordable price to moderate-income families.
Under the Ordinance, the project is required to provide 1.5 for-sale inclusionary units (10 total base units x 0.15 of total = 1.5 units). The applicant submitted a revised density bonus request/inclusionary housing plan, dated December 3, 2024, to construct three on-site, for-sale very low-income units (affordable to households with an income up to 50% of Area Median income) on Lots 17, 18 and 19 of the proposed subdivision. The three very low-income units are proposed to satisfy the project’s Inclusionary Housing Ordinance requirements as well as qualify the project for the requested density bonus. The applicant must construct the three affordable units in accordance with the revised density bonus request/inclusionary housing plan including that the affordable units will be four-bedroom, single-family detached units approximately 1,215 square feet in size with a one-car garage. Conditions of approval require the applicant to execute an Inclusionary Housing and density Bonus Agreement with the County to ensure that the applicant complies with the Inclusionary Housing Ordinance.
Regional Housing Needs Allocation (RHNA)
In December 2021, ABAG adopted its final regional housing needs allocation (RHNA) based on both existing need and projected need for housing. ABAG published the Regional Housing Needs Plan San Francisco Bay Area, which explains in detail the process to allocate the Bay Area regional housing needs. In the unincorporated Contra Costa County, the RHNA allocation numbers are as follows: Very Low - 2,072 units; Low - 1,194 units; Moderate - 1,211 units; Above moderate - 3,133 units. The project proposes three very-low units and 16 above moderate units, which will contribute to the County’s RHNA progress.
Applicable State Law
State Density Bonus Law
The State Density Bonus Law (Government Code, Sections 65915-65918) incentivizes the building of affordable housing by granting developers a density increase over the otherwise maximum allowable gross residential density, as well as other incentives or concessions, waivers of development standards, and parking ratio reductions in return for a commitment to provide affordable housing as part of a development project. If a developer meets the requirements of the Law, a local agency must award a density bonus.
A density bonus is available to housing development projects that comply with at least one of the following criteria:
• At least 5 percent of the housing units are restricted to very low-income households.
• At least 10 percent of the housing units are restricted to lower-income households.
• At least 10 percent of the housing units in a for-sale common interest development are restricted to moderate-income households.
The amount of density bonus depends upon and increases with the percentage of the development made available as affordable housing. In calculating the applicable density bonus “all density calculations resulting in fractional units shall be rounded up to the next whole number,” and “each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.”
In addition to the density bonus, a qualifying development is also entitled to a certain number of concessions or incentives. A concession or incentive is defined as a reduction in site development standards or a modification of zoning code or architectural design requirements, such as a reduction in setback or minimum square footage requirements; or approval of mixed-use zoning; or other regulatory incentives or concessions that result in identifiable and actual cost reductions. A requested concession or incentive may not be denied unless the local agency makes a written finding, based upon substantial evidence, of any of the following:
(A) The concession or incentive does not result in identifiable and actual cost reductions.
(B) The concession or incentive would have a specific, adverse impact upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.
(C) The concession or incentive would be contrary to state or federal law.
The State Density Bonus Law also provides that the local agency may not apply any development standard that will have the effect of physically precluding the construction of a development at the permitted density (including the density bonus) or with the requested concessions or incentives. That is, a developer may request, and the local agency must grant, an unlimited number of waivers or reductions of development standards if application of the standard would physically preclude construction of a qualifying development at the density and with the concessions or incentives permitted under the State Density Bonus Law.
Housing Accountability Act
The Housing Accountability Act (Government Code, Section 65589.5) provides additional safeguards for housing development projects. When a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the housing development project’s application is determined to be complete, the local agency may disapprove the project or impose a condition that the project be developed at a lower density only if the decision is based upon written findings supported by a preponderance of the evidence on the record that both of the following conditions exist:
(A) The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. A “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified, other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
For purposes of the HAA, the receipt of a density bonus is not a valid basis on which to find a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision specified in this subdivision.
G. Traffic and Circulation: The County reviews residential projects for Vehicle Miles Traveled (VMT) analysis. The VMT screening criteria to require a VMT analysis is any residential project over 20 residential units. The project proposes 18 net new units. Therefore, the project will not require a VMT analysis. The County and the Contra Costa Transportation Authority require a Level of Service (LOS) analysis for any project that exceeds a trip generation threshold of 100 net new peak hour vehicle trips. Based on the Institute of Transportation Engineers (ITE) peak period trip generation “Single-Family Detached Housing” land use (Code 210), the project would have 12/17 AM/PM net new peak hour trips. Since the project would yield less than 100 peak-hour AM or PM trips, the proposed project does not require an LOS review.
The project site will front and gain access from County-maintained North Gate Road. North Gate Road at this location is 22 feet wide within a 55-foot right-of-way and is planned to be widened to a 40-foot roadway within a 60-foot right-of-way. The applicant will be required to comply with conditions of approval to dedicate 5 feet of right-of-way along the frontage to achieve the ultimate right-of-way planned for North Gate Road. There are no frontage improvements that currently exist at the entrance to the project site along North Gate Road. The project will pave the private road serving the proposed subdivision and install sidewalk along the northern border of the private road for pedestrian access.
H. Drainage: Division 914 of the County Ordinance Code requires that all storm waters entering and/or originating on this property to be collected and conveyed, without diversion and within an adequate storm drainage system, to an adequate natural watercourse having a definable bed and banks or to an existing adequate public storm drainage system which conveys the storm water to an adequate natural watercourse.
According to the Boundary & Topography sheet of the site plan, most runoff near the dirt driveway drains east towards North Gate Road, while the rest of the site drains northwest towards the adjacent Flood Control District parcels. The applicant proposes to direct the runoff from the development towards the north into an existing 18” storm drain line on an adjacent parcel which drains into the Walker Canyon channel.
The project submitted detailed stormwater runoff calculations and these documents were reviewed by the Public Works Department. However, as part of the conditions of approval from the Public Works Department, the applicant will be required to submit final hydrology and hydraulic calculations and design documents for the proposed drainage improvements to be reviewed by the Contra Costa County Flood Control and Water Conservation District to verify inflow to the detention basin will substantially simulate existing conditions.
I. Stormwater Management and Discharge Control: A Stormwater Control Plan (SWCP) is required for applications that will create and/or redevelop impervious surface area exceeding 5,000 square feet in compliance with the County’s Stormwater Management and Discharge Control Ordinance (§1014) and the County’s Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit. The proposed project will exceed the threshold of 5,000 square feet of impervious area, triggering the requirement for a SWCP. A preliminary SWCP was submitted with this application and was reviewed by the Public Works Department for compliance. A condition of approval is included in Attachment A - Findings and Conditions of Approval which requires the applicant to submit a final Storm Water Control Plan and a Stormwater Control Operation and Maintenance Plan for the review and approval of the Public Works Department.
J. Creek Structure Setback: Lots 9 and 10 are incumbered by Walker Canyon Creek which flows east to west along the northern portion of each proposed lot. Walker Canyon Creek is a unimproved earth channel with heights point of the top of bank above channel at approximately 32’. This height of the bank requires a minimum 40’ setback. The applicant prepared a creek structure setback plan sheet 12 and 13 which shows that all residential structures will be located outside of the creek structure setback.
VIII. CONCLUSION
The development of the proposed 19 lot subdivision aligns with the surrounding neighborhood, provides 19 units of needed housing (including three very low income units), avoids negative environmental impacts, and adheres to applicable regulations. The project complies with the State Density Bonus Law, utilizing its incentives and waivers to offer three affordable housing units in the North Gate area. While the project requires some development standard waivers and concessions, the project is consistent with the County General Plan and conforms to applicable County zoning and subdivision regulations. The project also proposes a Community Benefit Agreement that would provide funding in addition to impact fees that could be used for facilities and services to benefit the community. Staff recommends that the Zoning Administrator approve the project.
ATTACHMENTS
Attachment A - Findings and Conditions
Attachment B - CEQA Guidelines Section 15183 Exemption and Consistency Checklist
Attachment C - Draft Community Benefits Agreement
Attachment D - Maps
Attachment E - Agency Comments
Attachment F - Project Description
Attachment G - Special Reports
Attachment H - Project Plans